R v BASA

The appeal concerned a criminal conviction where the appellant was found guilty by jury verdicts of seven sexual offences committed against four girls. The central dispute revolved around the judge's refusal to grant a separate trial for the appellant, with the judge ruling that the evidence of the first complainant was cross-admissible in relation to the allegations made by the other three complainants. The appeal was heard by Doyle CJ, Vanstone and Anderson JJ.

The legal issues before the court were whether the evidence of the first complainant was admissible in respect of the allegations made by the other three complainants, and whether the trial judge failed to adequately direct the jury regarding the permissible and impermissible uses of evidence relating to uncharged acts against one victim in relation to the other victims.

The court held that the trial judge was correct in ruling that the evidence of the first complainant was admissible in respect of the allegations made by the other complainants, and vice versa. This reasoning was based on the principle of cross-admissibility, where evidence relating to one alleged victim could be used in relation to other alleged victims if it demonstrated a common modus operandi or propensity. The court also found that the judge had properly directed the jury on the permissible and impermissible uses of such evidence.

Consequently, permission to appeal on ground 6 was refused, and the appeal against conviction was dismissed.